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Dear Retailers & CART Followers,
I know many of you have been worried about the Unflavored Tobacco List (UTL) since day one — I share your frustration with California’s new tobacco laws.
Over the past few days, several important developments related to the UTL have come to my attention, which I would like to bring to your attention.
What happened: On October 3, 2025, Rocky Patel Premium Cigars, Oliva, Padrón, Arturo Fuente, Ashton, La Flor Dominicana, and My Father Cigars, alongside the PCA and the CRA sued California AG Rob Bonta in U.S. District Court (C.D. Cal., Case No. 8:25-cv-02244), seeking to halt enforcement of the state’s UTL regulations.
The filing comes one week before the Oct 9 product-submission deadline tied to California’s new UTL program.
Core claims: Plaintiffs argue the UTL scheme is unlawful, citing:
- First Amendment (compelled speech/disclosures)
- Interstate Commerce Clause
- Federal preemption
- California APA and Fourteenth Amendment violations
They’re asking for preliminary and permanent injunctions and declaratory relief.
Then on October 7, 2025, the Plaintiffs filed for a temporary restraining order (TRO) that requests, among other things, a delay in the UTL application deadline from October 9, to December 1, 2025, without extending the December 31, 2025, publication date.
What’s next: The court will consider the plaintiffs’ request for an injunction and TRO; unless granted, UTL submissions remain due Oct 9.
Retailers and manufacturers should prepare to comply while monitoring the case.
Please note:
- Flavored tobacco products are already illegal in California. If you still have flavored tobacco products in your store, remove and dispose of them immediately.
- The UTL will be released by December 31, 2025 unless the courts intervene.
- Only products listed on the UTL will be legal to sell in California as of January 1, 2026.
- Retailers selling unlisted products risk:
- Product seizure
- Civil fines
- Possible loss of their Tobacco License(s) after multiple violations
Finally, it has been suggested that Retailers can ask manufacturers to take back non-UTL products for a refund. This should not be counted on, as there is no mention or implication of this in the UTL regulations or law.
Please work with your manufacturers and suppliers now to determine which of their products have been submitted for inclusion on the UTL and sell off those that have not.
Keep up to date on all things related to the UTL by visiting our website at https://www.retailtobacconists.com/.
Together with planning and awareness, retailers can adapt to these new regulations.
Respectfully,
Charles Janigian
President
California Association of Retail Tobacconists, Inc. (CART)
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